CrPC 125 decision tentative & subject to civil proceedings. NO maintenance w/out legal marriage. High court not to interfere with pure findings on facts bby Magistrate !!
Supreme Court of India in Santosh (Smt) vs Naresh Pal on 2 March, 1998
Key notes
* unless there is a legal marriage between parties, order under Section 125 CrPC cannot be passed.
* These (matrimonial relationship etc) questions are to be thrashed out finally in civil proceedings.
* In a proceeding under Section 125 CrPC learned Magistrate expected to pass appropriate orders after being satisfied about marital status of parties.
* Said decision will be a tentative decision subject to final order in civil proceedings
* "…The High Court was not justified in interfering with the pure finding of fact reached by learned Judicial Magistrate in a proceeding under Section 125 CrPC…"
*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
******************************************************************
Supreme Court of India
Santosh (Smt) vs Naresh Pal on 2 March, 1998
Equivalent citations: 1999 (1) MPLJ 643, 1999 I OLR SC 387, (1998) 8 SCC 447
Bench: S Majmudar, S Kurdukar
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties finally by their consent.
The short question is whether the appellant is the married wife of the respondent who had failed and neglected to maintain her and therefore, she is entitled to maintenance under Section 125 of the CrPC.
Learned counsel for the respondent was right when he contended that unless there is a legal marriage between the parties, order under Section 125 CrPC cannot be passed. http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com
However, learned Judicial Magistrate after considering this question came to the conclusion that the respondent was already divorced from his first wife and thereafter he had entered into a second marriage with the appellant who was also a divorcee.
The High Court took the contrary view and observed that the appellant had not proved that she was the married wife of the respondent and that she had her first husband, Satendra and there was no dissolution of her marriage with him.
These are the questions which are required to be thrashed out finally in civil proceedings.
In a proceeding for maintenance under Section 125 CrPC the learned Magistrate was expected to pass appropriate orders after being prima facie satisfied about the marital status of parties. It is obvious that the said decision will be a tentative decision subject to final order in any civil proceedings, if the parties are so advised to adopt.
Consequently, in our view the High Court was not justified in interfering with the pure finding of fact reached by learned Judicial Magistrate in a proceeding under Section 125 CrPC and therefore only on this short ground and without expressing any opinion on the marital rights of the parties which may have to be adjudicated in civil proceedings, the order of the learned Magistrate passed under Section 125 CrPC will have to be affirmed and the judgment and order of the High Court is set aside. http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com
The appeal is allowed.
No costs.
*****
PDF File uploaded to http://1drv.ms/1DMIkvP
*****
No comments:
Post a Comment